Ms. Zhao of Ningbo, Zhejiang Province, was bathing in the women's bathing area, and suddenly a man came from the opposite side of the shower area, and not long after, a tall man came out

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(Shanxi real-time information. Case) Ningbo, Zhejiang, Ms. Zhao, who is more than 40 years old, went to a bathing center to take a bath, stripped naked, entered the bathing area, and when she was ready to wash her hair, she suddenly came out from the opposite side of the shower area with a man, Ms. Zhao was confused at the time, and it didn't take long to come out of a tall man. (Source: Guangming Network)

Ms. Zhao was so frightened and screamed, panicked, and ran out of the shower area quickly. The bathroom staff heard the noise, and the indignant Ms. Zhao immediately called the police and asked the bathroom to apologize and compensate for the mental loss of 10,000 yuan.

In the end, Ms. Zhao accepted a written apology from the bathroom party, and the court sentenced the bathroom party to compensate Ms. Zhao for mental damage of 5,000 yuan under mediation.

After investigation, two men were the staff responsible for bathroom maintenance, and at the time of the crime, there were facilities in the women's bath area that were being repaired. However, the repair is repaired, but there is no relevant warning sign at the bathroom site, and no one has given any reminder to consumers like Ms. Zhao, so it has led to Ms. Zhao being scared by the light without her knowledge, and her privacy has been violated.

According to article 1032 of the Civil Code, natural persons enjoy the right to privacy, and no organization or individual may infringe on the privacy of others without the permission of others by means of intrusion, leakage, etc. Due to the confusion or lack of work in the bathroom management, Ms. Zhao's privacy rights have been violated, and the bathroom party shall bear the corresponding tort liability.

In addition, Ms. Zhao went to the bathroom to consume, and the bathroom party provided comfortable and safe bathing services to Ms. Zhao, and the service contract relationship formed between the two parties. Due to the lack of management of the bathroom party, there are defects in the performance of the contract, and the bathroom party shall bear the corresponding liability for breach of contract.

Due to the competitive relationship between the breach of contract and the tortious act of the bathroom party, Ms. Zhao can only claim compensation from the bathroom party based on one of them, and both can claim compensation for moral losses.

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